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Louisiana Third Circuit Addresses Payment of Royalties in Situations Involving Production Under a Mineral Lease Pursuant to a Conditional Allowable Prior to Unitization

The Energy Law

the Third Circuit addressed the question of whether or not a mineral lessee must pay its lessor full lease-basis royalties for production undertaken during the effective period of a conditional allowable but prior to the effective date of a unit order. [1] Anglo-Dutch Energy, L.L.C. , Anglo-Dutch Energy, L.L.C. , Anglo-Dutch Energy, L.L.C. ,

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Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption

Producer's Edge

The Eastland Court of Appeals addressed, for the first time, the interpretation of a double-fraction royalty reservation in light of Van Dyke. centered on whether a 1933 deed reserved a floating 1/4 royalty interest or a fixed 1/32 interest. The case ( Boren Descendants v. Fasken Oil & Ranch, Ltd. , LEXIS 8405, at *1 (Tex.

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U.S. House of Representatives Passes Energy Bill

The Energy Law

Title I addresses the existing moratoria, future OCS access, exploration, production and royalty questions. per MMBtu, unless lease royalties were renegotiated with the Secretary , imposes Conservation of Resources Fee on nonproducing lease acreage of $3.75 House of Representatives passed Speaker Pelosi’s Energy Bill, H.R.

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Who Owns the Void? Oral Arguments at SCOTX Regarding Underground Storage Rights

Producer's Edge

This case presents two critical questions: Who owns subsurface caverns created by salt mining operations, and How should in-kind royalties be calculated for salt production? ” The Fifth Circuit, applying Texas law in  Dunn-McCampbell Royalty Interest, Inc. —San Antonio 2013, no pet.) 3d 39 , 47 (Tex.

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Who Can Enforce Surface Provisions in an OGL?

Producer's Edge

LLC sought to enforce a provision in a 1948 mineral lease requiring Unitex WI, LLC and Unitex Oil and Gas, LLC (Unitex) to bury pipelines on the ranch land surface CT Land acquired in 2013. The lease provided for a royalty calculated based on the “market value at the well.” In this case, CT Land and Cattle and Cattle Co.,

Royalty 52
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Texas Supreme Court Update: TRO-X Lives to Fight Another Day in Contractual Dispute over Share of Income on Production from Equitable Interests

The Energy Law

Eastland 2013, pet. Several years later, Eagle purchased several leases and sold them to Chesapeake Exploration, LLC (“Chesapeake”), reserving an overriding royalty interest and a back-in working interest (the “Interests”). When the suit went to trial, the leases subject to the Chesapeake sale had not generated any royalty income.

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Supreme Court of Texas Washes Out the “Anadarko Washout”

Producer's Edge

Anadarko failed to account to Cimarex for its 1/6th share of production, and Cimarex brought suit in February 2013. Cimarex instead chose to rely on production from several wells Anadarko drilled in 2011 and 2012.

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